Discretionary Referral to EAP. Where the Sheriff determines that an employee is in violation of this Substance Abuse Policy, in lieu of immediate discharge the Sheriff may -- but within his sole discretion -- refer the employee to the Sheriff’s designated EAP, for assessment and evaluation of whether the employee is addicted to, dependent on, or has a recurring problem with illegal drugs or alcohol. Employees referred to EAP who are found to have an addiction to, dependence on, or recurring problem with illegal drugs or alcohol may be required -- as a condition of continued employment -- to successfully complete any outpatient or inpatient treatment and rehabilitation program, and any and all follow-up care, including any random drug and/or alcohol testing, established for them and/or to which they are referred by EAP. Any employee who refuses such referral to EAP or any treatment program, rejects or leaves treatment, fails to abide by all aspects of his or her treatment program, including random drug and/or alcohol testing and any and all other follow-up care, is subject to disciplinary action, including immediate discharge. Note: each and every random or follow up drug and/or alcohol test to which an employee is required to submit as a result of his or her referral to EAP under this provision must be conducted by the laboratory with which the Sheriff already contracts, or by another laboratory which the Sheriff has approved in advance of any such testing. Employees must pay the total cost of each and every such random or follow up, drug and/or alcohol test. Such payment normally will occur through a payroll deduction, unless other arrangements with the Sheriff are made in advance. Any employee who refuses or fails to submit to any such test or pay the cost of any such test will be subject to disciplinary action, including immediate discharge.
